Manawatu HRC 14 December 2023 – R7 – Nathan Delany
ID: RIB30871
Animal Name:
Margherita
Code:
Harness
Race Date:
14/12/2023
Race Club:
Manawatu Harness Racing Club
Race Location:
Manawatu Raceway - Pioneer Highway, Palmerston North,
Race Number:
R7
Hearing Date:
14/12/2023
Hearing Location:
Manawatu Raceway, Pioneer Highway Palmerston North
Outcome: Proved
Penalty: Junior Driver Nathan Delany is fined $250
Background:
Following the running of Race 7, the ‘ Outback Trading Fillies & Mares Mobile Pace’, an Information was lodged alleging a breach of Rule 869(2) and the Whip and Rein Regulations.
Details of the Information are as follows:
‘in that he used his whip with more than a wrist flicking motion in the run home’.
Mr Delany confirmed that he understood the Rule and admitted the breach. Mr Mangos added that it was with some reluctance he had done so.
Rule 869(2) provides ‘ No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the board’. The Regulations remain specific in respect of definition.
Evidence;
Using available film, Stewards identified the incident. Mr Delany is seen to strike his drive on up to 6 occasions in a manner that Stewards contended was more than a flicking motion. Mr Mangos stated that in his opinion, Mr Delany had not used or raised his elbow in striking the horse. This comment was referred to Stewards who reiterated their interpretation. The film was shown again with the Adjudicative Committee satisfied with Stewards’ contention.
Decision:
As the charge was admitted, it was found proved.
Penalty Submissions:
Stewards outlined Mr Delany’s record as it relates to this Rule and related Regulations. He had received a warning in relation to whip use at the Manawatu HRC meeting on 12th December 2023. Stewards remained of the view that on this occasion, the breach was low level and referred the Adjudicative Committee to the current Penalty Guide. Stewards did ask that in imposing penalty, consideration be given to the status of the Respondent ie: Junior Driver. Mr Delany asked that in fixing penalty, could a fine be considered over that of suspension.
Reasons for Penalty:
Film provided identifies the offence. The Adjudicative Committee are satisfied that the breach was low level. In this particular circumstance, current Guidelines provide for penalty of a $300 fine or 2 days suspension. Starting point of a $300 fine was adopted, with a small reduction ($50) applied to reflect Driver status.
Conclusion:
Junior Driver Mr Nathan Delany is fined a sum of $250.
Decision Date: 14/12/2023
Publish Date: 18/12/2023